Court’s ruling against same-sex marriage sets up a Japan Supreme Court decision
TOKYO (AP) — A court ruled Friday that Japan’s refusal to legalize same-sex marriage is constitutional; The last of these cases is expected to come before the Supreme Court for a final and definitive decision, possibly next year.
Marriage is largely expected to be a union between a man and a woman, the Tokyo High Court said in a decision that overturned a lower court decision last year and was the first loss heard in higher courts in six cases filed by those seeking equal marriage rights.
Judge Ayumi Higashi said it makes sense that the family is legally defined as a unit between a couple and their children, and gay marriage valid. The court also rejected 1 million yen ($6,400) in damages for each of eight sexual minorities seeking equal marriage rights.
The plaintiffs and their lawyers said the decision was unfair, but they were determined to continue the fight through the Supreme Court.
“I’m very disappointed,” plaintiff Hiromi Hatogai told reporters outside court. “I was more angry and horrified than saddened by the decision. Were the judges listening to us?”
“We just want to get married and be happy like everyone else,” said Rie Fukuda, another plaintiff. “I believe society is changing. We will not give up.”
Once all the six high court cases are completed, the Supreme Court is expected to hear all the appeals and deliver a decision.
Although discrimination still exists in school, work, and elsewhere, public and business support for legalizing same-sex marriage has grown rapidly in recent years.
Japan is the only member of the Group of Seven industrialized countries that does not recognize same-sex marriage or provide any other form of legally binding protection for LGBTQ+ couples.
Prime Minister Sanae Takaichi The conservative ruling Liberal Democratic Party is the main opponent of same-sex marriage rights in Japan. The government argued that marriage under the civil code does not include same-sex couples and emphasizes natural reproduction.
Since 2019, more than 30 plaintiffs have joined lawsuits regarding marriage equality across Japan. Plaintiffs claim that civil code provisions banning same-sex marriage violate Constitutional equality and freedom of marriage.
Friday’s ruling was the second ruling to find the current government policy constitutional, following the 2022 Osaka District Court decision.
